People's Trust Co. v. Smith
New York Supreme Court
Appeal from special term, New York county. Action by the People’s Trust Company, as executor of Eliza Smith, against John J. Smith and others, to construe a clause in the will of Eliza Smith, deceased. From a judgment construing the will (30 N. Y. Supp. 342), defendants John J. Smith, William E. Smith, John E. Mason, and Frederick Mason appeal.
Read the full summary
Appeal from special term, New York county. Action by the People’s Trust Company, as executor of Eliza Smith, against John J. Smith and others, to construe a clause in the will of Eliza Smith, deceased. From a judgment construing the will (30 N. Y. Supp. 342), defendants John J. Smith, William E. Smith, John E. Mason, and Frederick Mason appeal. September 26, 1891, Eliza Smith, a resident of the city of New York, duly executed her last will and testament, of which the following is a copy: “I, Eliza Smith, hereby make the following as my last will and testament: First. I bequeath to my nephew…
1Opinion of the CourtFollett, J.
The question raised by the pleadings in this action is whether the remainder bequeathed by the third clause to the Association for the Relief of Respectable Aged Indigent Females and to the Presbyterian Home for Aged Women is void under the sixth section of chapter 319, of the Laws of 1848, entitled “An act for the incorporation of benevolent, charitable, scientific and missionary societies,” which provides:
“Sec. 6. Any corporation formed under'this act shall be capable of taking, holding and receiving any property, real or personal, by virtue of any devise or bequest contained in any last…
2Cases cited3 opinions
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Stephenson v. . ShortNew York Court of Appeals · 1883
- Jackson ex dem. Pearson v. HouselNew York Supreme Court · 1820
3Cited by5 opinions
- Estate of GoetzCalifornia Court of Appeal · 1910
- In re the Probate of the Last Will & Testament of LampsonNew York Surrogate's Court · 1897
- Wyman v. WoodburyNew York Supreme Court · 1895
- In re Smith's Ex'rNew York Surrogate's Court · 1914
- Pottstown Hospital v. New York Life Ins. & Trust Co.District Court, S.D. New York · 1913